Convention for the Protection of Human Rights and Fundamental Freedomsas amended by Protocols No. 11 and No. 14

Rome, 4.XI.1950

This page contains the text of the Convention as amended by its Protocol No. 14 (CETS No. 194) as from the date of its entry into
force on 1 June 2010.

The text of the Convention had been previously amended
according to the provisions of Protocol No. 3 (ETS No. 45), which entered into force on 21 September 1970, of Protocol No. 5 (ETS No. 55), which entered into force on 20 December 1971 and of
Protocol No. 8 (ETS No. 118), which entered into force on 1 January 1990, and comprised also the text of Protocol No. 2 (ETS No. 44) which, in accordance with Article 5, paragraph 3 thereof,
had been an integral part of the Convention since its entry into force on 21 September 1970. All provisions which had been amended or added by these Protocols were replaced by Protocol No. 11
(ETS No. 155), as from the date of its entry into force on 1 November 1998. As from that date, Protocol No. 9 (ETS No. 140), which entered into force on 1 October 1994, was repealed and
Protocol No. 10 (ETS no. 146) had lost its purpose.

The governments signatory hereto, being members of the Council of Europe,

Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10th December 1948;

Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;

Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the
maintenance and further realisation of human rights and fundamental freedoms;

Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an
effective political democracy and on the other by a common understanding and observance of the human rights upon which they depend;

Being resolved, as the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take
the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration,

Have agreed as follows:

Article 1  Obligation to respect human rights

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

Section I  Rights and freedoms

Article 2  Right to life

Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a
crime for which this penalty is provided by law.

Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:

in defence of any person from unlawful violence;

in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 3  Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4  Prohibition of slavery and forced labour

No one shall be held in slavery or servitude.

No one shall be required to perform forced or compulsory labour.

For the purpose of this article the term "forced or compulsory labour" shall not include:

any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such
detention;

any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;

any service exacted in case of an emergency or calamity threatening the life or well-being of the community;

any work or service which forms part of normal civic obligations.

Article 5  Right to liberty and security

Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by
law:

the lawful detention of a person after conviction by a competent court;

the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an
offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to
deportation or extradition.

Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court
and his release ordered if the detention is not lawful.

Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.

Article 6  Right to a fair trial

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by
an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the
interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or
to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

Everyone charged with a criminal offence has the following minimum rights:

to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

to have adequate time and facilities for the preparation of his defence;

to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so require;

to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7  No punishment without law

No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the
time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general
principles of law recognised by civilised nations.

Article 8  Right to respect for private and family life

Everyone has the right to respect for his private and family life, his home and his
correspondence.

There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society in
the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.

Article 9  Freedom of thought, conscience and religion

Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.

Freedom to manifest one's religion or beliefs shall be subject only to such limitations
as are prescribed by law and are necessary in a democratic society in the interests of
public safety, for the protection of public order, health or morals, or for the protection
of the rights and freedoms of others.

Article 10  Freedom of expression

Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers. This article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.

The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of national
security, territorial integrity or public safety, for the prevention of disorder or crime,
for the protection of health or morals, for the protection of the reputation or rights of
others, for preventing the disclosure of information received in confidence, or for
maintaining the authority and impartiality of the judiciary.

Article 11  Freedom of assembly and association

Everyone has the right to freedom of peaceful assembly and to freedom of association
with others, including the right to form and to join trade unions for the protection of
his interests.

No restrictions shall be placed on the exercise of these rights other than such as are
prescribed by law and are necessary in a democratic society in the interests of national
security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This article
shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces, of the police or of the administration of the State.

Article 12  Right to marry

Men and women of marriageable age have the right to marry and to found a family,
according to the national laws governing the exercise of this right.

Article 13  Right to an effective remedy

Everyone whose rights and freedoms as set forth in this Convention are violated shall
have an effective remedy before a national authority notwithstanding that the violation
has been committed by persons acting in an official capacity.

Article 14  Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured
without discrimination on any ground such as sex, race, colour, language, religion,
political or other opinion, national or social origin, association with a national
minority, property, birth or other status.

Article 15  Derogation in time of emergency

In time of war or other public emergency threatening the life of the nation any High
Contracting Party may take measures derogating from its obligations under this Convention
to the extent strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with its other obligations under international law.

No derogation from Article 2, except in respect of deaths resulting from lawful acts of
war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.

Any High Contracting Party availing itself of this right of derogation shall keep the
Secretary General of the Council of Europe fully informed of the measures which it has
taken and the reasons therefor. It shall also inform the Secretary General of the Council
of Europe when such measures have ceased to operate and the provisions of the Convention
are again being fully executed.

Article 16  Restrictions on political activity of aliens

Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting
Parties from imposing restrictions on the political activity of aliens.

Article 17  Prohibition of abuse of rights

Nothing in this Convention may be interpreted as implying for any State, group or
person any right to engage in any activity or perform any act aimed at the destruction of
any of the rights and freedoms set forth herein or at their limitation to a greater extent
than is provided for in the Convention.

Article 18  Limitation on use of restrictions on rights

The restrictions permitted under this Convention to the said rights and freedoms shall
not be applied for any purpose other than those for which they have been prescribed.

Section II  European Court of Human Rights

Article 19  Establishment of the Court

To ensure the observance of the engagements undertaken by the High Contracting Parties
in the Convention and the Protocols thereto, there shall be set up a European Court of
Human Rights, hereinafter referred to as "the Court". It shall function on a
permanent basis.

Article 20  Number of judges

The Court shall consist of a number of judges equal to that of the High Contracting
Parties.

Article 21  Criteria for office

The judges shall be of high moral character and must either possess the qualifications
required for appointment to high judicial office or be jurisconsults of recognised
competence.

The judges shall sit on the Court in their individual capacity.

During their term of office the judges shall not engage in any activity which is
incompatible with their independence, impartiality or with the demands of a full-time
office; all questions arising from the application of this paragraph shall be decided by
the Court.

The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.

To consider cases brought before it, the Court shall sit in a single-judge formation, in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Courtís Chambers shall set up committees for a fixed period of time.

At the request of the plenary Court, the Committee of Ministers may, by a unanimous decision and for a fixed period, reduce to five the number of judges of the Chambers.

When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.

There shall sit as an ex officio member of the Chamber and the Grand Chamber the judge elected in respect of the High Contracting Party concerned. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.

The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court. When a case is referred to the Grand Chamber under Article 43, no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the High Contracting Party concerned.

In respect of an application submitted under Article 34, a committee may, by a unanimous vote,

declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or

declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court.

Decisions and judgments under paragraph 1 shall be final.

If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 1.b.

If no decision is taken under Article 27 or 28, or no judgment rendered under Article 28, a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34. The decision on admissibility may be taken separately.

A Chamber shall decide on the admissibility and merits of inter-State applications submitted under Article 33. The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.

Article 30  Relinquishment of jurisdiction to the Grand Chamber

Where a case pending before a Chamber raises a serious question affecting the
interpretation of the Convention or the protocols thereto, or where the resolution of a
question before the Chamber might have a result inconsistent with a judgment previously
delivered by the Court, the Chamber may, at any time before it has rendered its judgment,
relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the
case objects.

The jurisdiction of the Court shall extend to all matters concerning the interpretation
and application of the Convention and the protocols thereto which are referred to it as
provided in Articles 33, 34, 46 and 47.

In the event of dispute as to whether the Court has jurisdiction, the Court shall
decide.

Article 33  Inter-State cases

Any High Contracting Party may refer to the Court any alleged breach of the provisions
of the Convention and the protocols thereto by another High Contracting Party.

The Court may receive applications from any person, non-governmental organisation or
group of individuals claiming to be the victim of a violation by one of the High
Contracting Parties of the rights set forth in the Convention or the protocols thereto.
The High Contracting Parties undertake not to hinder in any way the effective exercise of
this right.

The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken.

The Court shall not deal with any application submitted under Article 34 that

is anonymous; or

is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information.

The Court shall declare inadmissible any individual application submitted under Article 34 if it considers that :

the application is incompatible with the provisions of the Convention or the Protocols thereto, manifestly ill-founded, or an abuse of the right of individual application; or

the applicant has not suffered a significant disadvantage, unless respect for human rights as defined in the Convention and the Protocols thereto requires an examination of the application on the merits and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal.

The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings.

In all cases before a Chamber or the Grand Chamber, a High Contracting Party one of whose nationals is an applicant shall have the right to submit written comments and to take part in hearings.

The President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings.

In all cases before a Chamber or the Grand Chamber, the Council of Europe Commissioner for Human Rights may submit written comments and take part in hearings.

Article 37  Striking out applications

The Court may at any stage of the proceedings decide to strike an application out of its
list of cases where the circumstances lead to the conclusion that:

the applicant does not intend to pursue his application; or

the matter has been resolved; or

for any other reason established by the Court, it is no longer justified to continue the
examination of the application.

However, the Court shall continue the examination of the application if respect for
human rights as defined in the Convention and the protocols thereto so requires.

The Court may decide to restore an application to its list of cases if it considers that
the circumstances justify such a course.

The Court shall examine the case together with the representatives of the parties and, if need be, undertake an investigation, for the effective conduct of which the High Contracting Parties concerned shall furnish all necessary facilities.

At any stage of the proceedings, the Court may place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the Protocols thereto.

Proceedings conducted under paragraph 1 shall be confidential.

If a friendly settlement is effected, the Court shall strike the case out of its list by means of a decision which shall be confined to a brief statement of the facts and of the solution reached.

This decision shall be transmitted to the Committee of Ministers, which shall supervise the execution of the terms of the friendly settlement as set out in the decision.

Article 40  Public hearings and access to documents

Hearings shall be in public unless the Court in exceptional circumstances decides
otherwise.

Documents deposited with the Registrar shall be accessible to the public unless the
President of the Court decides otherwise.

Article 41  Just satisfaction

If the Court finds that there has been a violation of the Convention or the protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.

Article 42  Judgments of Chambers

Judgments of Chambers shall become final in accordance with the provisions of Article
44, paragraph 2.

Article 43  Referral to the Grand Chamber

Within a period of three months from the date of the judgment of the Chamber, any party
to the case may, in exceptional cases, request that the case be referred to the Grand
Chamber.

A panel of five judges of the Grand Chamber shall accept the request if the case raises
a serious question affecting the interpretation or application of the Convention or the
protocols thereto, or a serious issue of general importance.

If the panel accepts the request, the Grand Chamber shall decide the case by means of a
judgment.

Article 44  Final judgments

The judgment of the Grand Chamber shall be final.

The judgment of a Chamber shall become final:

when the parties declare that they will not request that the case be referred to the
Grand Chamber; or

three months after the date of the judgment, if reference of the case to the Grand
Chamber has not been requested; or

when the panel of the Grand Chamber rejects the request to refer under Article 43.

The final judgment shall be published.

Article 45  Reasons for judgments and decisions

Reasons shall be given for judgments as well as for decisions declaring applications
admissible or inadmissible.

If a judgment does not represent, in whole or in part, the unanimous opinion of the
judges, any judge shall be entitled to deliver a separate opinion.

The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.

The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.

If the Committee of Ministers considers that the supervision of the execution of a final judgment is hindered by a problem of interpretation of the judgment, it may refer the matter to the Court for a ruling on the question of interpretation. A referral decision shall require a majority vote of two thirds of the representatives entitled to sit on the Committee.

If the Committee of Ministers considers that a High Contracting Party refuses to abide by a final judgment in a case to which it is a party, it may, after serving formal notice on that Party and by decision adopted by a majority vote of two thirds of the representatives entitled to sit on the Committee, refer to the Court the question whether that Party has failed to fulfil its obligation under paragraph 1.

If the Court finds a violation of paragraph 1, it shall refer the case to the Committee of Ministers for consideration of the measures to be taken. If the Court finds no violation of paragraph 1, it shall refer the case to the Committee of Ministers, which shall close its examination of the case.

Article 47  Advisory opinions

The Court may, at the request of the Committee of Ministers, give advisory opinions on
legal questions concerning the interpretation of the Convention and the protocols thereto.

Such opinions shall not deal with any question relating to the content or scope of the
rights or freedoms defined in Section I of the Convention and the protocols thereto, or
with any other question which the Court or the Committee of Ministers might have to
consider in consequence of any such proceedings as could be instituted in accordance with
the Convention.

Decisions of the Committee of Ministers to request an advisory opinion of the Court
shall require a majority vote of the representatives entitled to sit on the Committee.

Article 48  Advisory jurisdiction of the Court

The Court shall decide whether a request for an advisory opinion submitted by the
Committee of Ministers is within its competence as defined in Article 47.

Article 49  Reasons for advisory opinions

Reasons shall be given for advisory opinions of the Court.

If the advisory opinion does not represent, in whole or in part, the unanimous opinion
of the judges, any judge shall be entitled to deliver a separate opinion.

Advisory opinions of the Court shall be communicated to the Committee of Ministers.

Article 50  Expenditure on the Court

The expenditure on the Court shall be borne by the Council of Europe.

Article 51  Privileges and immunities of judges

The judges shall be entitled, during the exercise of their functions, to the privileges
and immunities provided for in Article 40 of the Statute of the Council of Europe and in
the agreements made thereunder.

Section III  Miscellaneous provisions

Article 52  Inquiries by the Secretary General

On receipt of a request from the Secretary General of the Council of Europe any High
Contracting Party shall furnish an explanation of the manner in which its internal law
ensures the effective implementation of any of the provisions of the Convention.

Article 53  Safeguard for existing human rights

Nothing in this Convention shall be construed as limiting or derogating from any of the
human rights and fundamental freedoms which may be ensured under the laws of any High
Contracting Party or under any other agreement to which it is a Party.

Article 54  Powers of the Committee of Ministers

Nothing in this Convention shall prejudice the powers conferred on the Committee of
Ministers by the Statute of the Council of Europe.

Article 55  Exclusion of other means of dispute settlement

The High Contracting Parties agree that, except by special agreement, they will not
avail themselves of treaties, conventions or declarations in force between them for the
purpose of submitting, by way of petition, a dispute arising out of the interpretation or
application of this Convention to a means of settlement other than those provided for in
this Convention.

Article 56  Territorial application

Any State may at the time of its ratification or
at any time thereafter declare by notification addressed to the Secretary General of the
Council of Europe that the present Convention shall, subject to paragraph 4 of this
Article, extend to all or any of the territories for whose international relations it is
responsible.

The Convention shall extend to the territory or territories named in the notification as
from the thirtieth day after the receipt of this notification by the Secretary General of
the Council of Europe.

The provisions of this Convention shall be applied in such territories with due regard,
however, to local requirements.

Any State which has made a declaration in
accordance with paragraph 1 of this article may at any time thereafter declare on behalf
of one or more of the territories to which the declaration relates that it accepts the
competence of the Court to receive applications from individuals, non-governmental
organisations or groups of individuals as provided by Article 34 of the Convention.

Article 57  Reservations

Any State may, when signing this Convention or when depositing its instrument of
ratification, make a reservation in respect of any particular provision of the Convention
to the extent that any law then in force in its territory is not in conformity with the
provision. Reservations of a general character shall not be permitted under this article.

Any reservation made under this article shall contain a brief statement of the law
concerned.

Article 58  Denunciation

A High Contracting Party may denounce the present Convention only after the expiry of
five years from the date on which it became a party to it and after six months' notice
contained in a notification addressed to the Secretary General of the Council of Europe,
who shall inform the other High Contracting Parties.

Such a denunciation shall not have the effect of releasing the High Contracting Party
concerned from its obligations under this Convention in respect of any act which, being
capable of constituting a violation of such obligations, may have been performed by it
before the date at which the denunciation became effective.

Any High Contracting Party which shall cease to be a member of the Council of Europe
shall cease to be a Party to this Convention under the same conditions.

The Convention may be denounced in accordance with
the provisions of the preceding paragraphs in respect of any territory to which it has
been declared to extend under the terms of Article 56.

This Convention shall be open to the signature of the members of the Council of Europe.
It shall be ratified. Ratifications shall be deposited with the Secretary General of the
Council of Europe.

The European Union may accede to this Convention.

The present Convention shall come into force after the deposit of ten instruments of
ratification.

As regards any signatory ratifying subsequently, the Convention shall come into force at
the date of the deposit of its instrument of ratification.

The Secretary General of the Council of Europe shall notify all the members of the
Council of Europe of the entry into force of the Convention, the names of the High
Contracting Parties who have ratified it, and the deposit of all instruments of
ratification which may be effected subsequently.

Done at Rome this 4th day of November 1950, in English and French, both texts being
equally authentic, in a single copy which shall remain deposited in the archives of the
Council of Europe. The Secretary General shall transmit certified copies to each of the
signatories.

Notes:1 Text amended according to the provisions of Protocol No. 14 (CETS No. 194).2 Article renumbered, heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).3 New article according to the provisions of Protocol No. 14 (CETS No. 194).4 Heading and text amended according to the provisions of Protocol No. 14 (CETS No. 194).